United States v. Mergen
United States District Court for the Eastern District of New York
No. 06-CR-352 (2010)
Volkan Mergen (defendant) was charged with a federal crime based on his involvement in an arson. He agreed to cooperate with the United States (plaintiff) and pleaded guilty to a reduced charge. During Mergen’s plea proceedings before the federal district court, Mergen admitted that he assisted in committing the arson. The government later accused Mergen of lying during a debriefing session, and Mergen’s cooperation deal with the government ended. The district court allowed Mergen to withdraw his guilty plea. The government then sought to introduce Mergen’s statements from the plea proceedings regarding his involvement in the arson. Federal Rule of Evidence 410 provides that in criminal cases, statements made during a proceeding on a guilty plea that was later withdrawn are not admissible against the defendant who made the plea. However, Mergen’s cooperation agreement with the government provided that in any prosecution resulting from a breach of the agreement, Mergen waived his rights to object to the government’s use of statements made by Mergen in connection with any aborted or withdrawn guilty plea.
Rule of Law
Holding and Reasoning (Garaufis, J.)
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